Through its overall safety program and various policies pertaining to District staff, the District shall seek to ensure the safety of employees during working hours and to assist them in the maintenance of good health. Employees are encouraged to maintain their wellbeing through the practice of safe and healthy habits. For the purposes included in this policy, all District and school volunteers shall be viewed as District employees and shall be subject to the conditions of the policy as applicable.
Where questions arise regarding confidentiality of medical information, such as whether a staff member with a serious communicable disease poses a direct threat to others and the nature of appropriate measures for addressing concerns attendant to serious communicable diseases, only the superintendent shall speak for the District.
Subsequent to a conditional offer of employment and prior to commencement of work, the District may require an individual to have a physical examination at District expense, to determine whether the individual meets any health requirements imposed by the state or the job-related physical requirements established by the District. The District may condition an offer of employment on the results of such examination in accordance with applicable law.
All bus drivers, whether full-time, part-time, or temporary, shall be required to have a physical examination once every two years as required by law.
The District may request physical examinations and/or mental health examinations of any employee at any time to determine if the employee has a physical and/or mental condition, disease, or illness which may interfere with the employee’s ability to perform his or her job duties or which may pose a significant risk to the health, safety, or welfare of the employee or others. The District shall select the medical professional to conduct such examination and shall pay the costs of the required physical or mental examination. When the employee cannot perform the essential functions of the job with reasonable accommodation or medical evidence establishes that the employee’s condition poses a significant risk to the health, safety, or welfare of the employee or others, the District may suspend and/or terminate the employee, in accordance with applicable policies and procedures, any applicable negotiated agreement, and applicable law.
In addition, an employee may be required to provide a statement from a qualified physician and/or undergo a medical evaluation by a District designated doctor, to demonstrate that he or she is physically, mentally, and/or emotionally capable of doing the work required of his or her position with or without reasonable accommodation. Any special examination or test required under this policy shall be performed by a qualified professional selected by the District. The District will pay the costs of any such required examination or test.
Any information regarding the medical condition or history of an employee or an applicant for employment must be collected and maintained on separate forms and treated as confidential medical information. Such information shall not be disclosed except to an employee’s supervisor in those cases in which restrictions or accommodations regarding the work or duties of the employee are necessary. If appropriate, the District Health Services and Risk Management departments may be informed. All such disclosures shall be authorized in advance by the assistant superintendent of Human Resources or the superintendent. A custodian of such records shall be designated to limit and monitor access to such information in accordance with this policy.
Medical information received by District employees through assisting employees in the filing and processing of insurance or disability claims or in obtaining other benefits shall be strictly confidential and shall not be disclosed except as authorized in accordance with this policy or in writing by the employee.
Employees who become aware that they have a serious communicable disease have an obligation to report the fact of this diagnosis to the District’s office of Human Resources. To encourage disclosure, the District will endeavor to treat these employees in a fair, non- discriminatory, and confidential manner, consistent with the District’s legal obligations.
An employee who is identified as having a serious communicable disease will be placed on sick leave until a determination is made as to the communicability of the disease and a medical opinion related to the employee’s ability to return to work is received.
In determining an appropriate response, the District will consider the most current and reliable medical information available concerning the disease, with particular reference to the dangers of increased risk of transmission to others, and the health risk to the employee as well as the expected type of interaction with others.
An employee who has been diagnosed as having a serious communicable disease will be allowed to return to work only upon documented medical evidence that the employee’s presence on the job does not create a risk of infection to his or her co-workers or to students. The written medical evidence must be submitted by the employee’s physician to the District’s designated physician and the director of the Tri County Health Department who will review the case with the attending physician. The county health director will then state, in writing to the District, his or her concurrence or non-concurrence with the diagnosis.
Upon receipt by the District of the attending physician’s diagnosis, the county health director’s statement, and the District’s designated physician’s opinion, a meeting will be scheduled with the medical doctors involved to discuss the employee’s ability to return to work. In appropriate circumstances, the District will consider the possibility of reassigning the employee to another position within the District if such reassignment would result in the employee being able to return to work. If county health officials, the employee’s physician, and the District’s designated doctor are unable to state that the employee’s presence on the job will not create an increased risk of infection, the employee will not be allowed to return to work. The medical decision of the county health officials, the employee’s physician, and the District’s designated doctor will be monitored on a continuing basis.
The cost of any examination and opinions by the District’s designated doctor will be paid by the District.
Proceedings to dismiss an employee for reasons outlined above shall comply with the requirements of Colorado and federal law, relevant District policies, and applicable negotiated agreements.
In all proceedings outlined in this policy, the District shall respect the employee’s right to privacy.
Appropriate employee education and training regarding select communicable diseases will be available through the department of Special Education and related services and the office of Human Resources.
Adopted prior to 1984
Revised: March 17, 1987
Revised: August 17, 1999
Repealed by the Board and re-enacted and revised by the Superintendent: August 5, 2003
42 U.S.C. 12101 et seq.
29 U.S.C. 794
C.R.S. 22-32-110(1)(k) C.R.S. 22-63-301
C.R.S. 24-34-401 et seq.
1 CCR 301-26, Rules 4204-R-205